Hows long is the statute of limitations in a HIPPA violation?

Asked almost 2 years ago - Elmira, NY

Breach of client information to another client by a county employee in the mental health setting. This was information that was shared at a team meeting by one therapist then breached by another team member who was fired. The firing took place on day 89 of what I was told was 90 days I had to file suit so when I spoke
to a lawyer on day 93 I was told
I could do nothing.

out of luck and out of safr therapy

Attorney answers (3)

  1. Joseph Jonathan Brophy

    Contributor Level 20

    2

    Lawyers agree

    Answered . It doesn't matter because there is no private cause of action fora HIPPA violation.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  2. Marilynn Mika Spencer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The Health Insurance Portability and Accountability Act, 42 U.S.C. sections 201 et seq. (HIPAA) does not prohibit an employer from revealing confidential medical information about employees. http://www.hhs.gov/ocr/privacy/hipaa/understand....

    The United State Department of Labor has a web site with excellent information on HIPAA: http://www.dol.gov/dol/topic/health-plans/porta....

    The United Stated Department of Health and Human Services is responsible for enforcing HIPAA: http://www.hhs.gov/ocr/privacy/hipaa/enforcemen.... There is no private right of action (an individual cannot sue for violation of his or her HIPAA rights).

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  3. Martha Ann Knutson

    Contributor Level 11

    Answered . The other attorneys are correct that there is no right to sue over HIPAA violations. However if it was your information that was breached you can file a complaint with the federal Office of Civil Rights within 180 days of when the breach occurred. Won't get you $$, but might prevent the situation from happening to someone else.

    I am attaching a link below that will explain more. Better luck in the future.

    This response is intended to provide general information, but not legal advice. The response may be different if... more

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